Courts

The Indiana Supreme Court reversed an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indianapolis,
ruling the Indiana trial court failed to comply with the Interstate Compact on the Placement of Children.

The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected
and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment
has been attached to the controversial House Bill 1491.

Attorneys have settled a federal case that led to the Marion Superior Court scrapping its practice of issuing bench warrants
for the arrest of people who'd failed to appear in civil cases, but a statewide investigation of whether state law allows
judges to issue these warrants remains ongoing.

The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's
trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.

While more than 4,000 Indiana children remain on a waiting list for advocates in cases that involve abuse and neglect, Guardian
Ad Litem/Court Appointed Special Advocates programs recruited and trained 911 new volunteers, a 50 percent increase from 2007,
according to the 2008 statewide Court Appointed Special Advocates statistics made available today.

Under the statute governing the wrongful death of an unmarried adult with no dependents, the amount recoverable for reasonable
medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after contractual
arrangements with an insurer, Medicare, or Medicaid, and not the total of the charges billed, the Indiana Supreme Court ruled
today.

A panel of Indiana Court of Appeals judges will hear arguments Tuesday in Evansville in an insurance coverage case while another
panel in Indianapolis will hear arguments in a case involving the division of attorney fees.

The Indiana Supreme Court granted three transfers Thursday to cases involving what manner an appellate court could reverse
a revocation of probation, how to calculate guardian ad litem fees, and whether there is a rebuttable presumption that children
ages 7 through 14 can't be found contributorily negligent.

The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County
against an Illinois attorney following the settlement of a wrongful death claim in Illinois.

The Indiana Federal Community Defenders will host a seminar for attorneys interested in joining the Criminal Justice Act panel
of attorneys to represent indigent clients accused of crimes against the United States.

The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer
who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.

A busy Congressional calendar has caused the U.S. Senate Judiciary Committee to move its nomination hearing to a room without
cameras, which leaves Indiana's legal community in the dark about an Indianapolis-based federal judge's nomination
for the 7th Circuit Court of Appeals.

Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial
as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both
are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded
statement through the Protected Person Statute.

The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in
Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.

In a matter of first impression, the Indiana Court of Appeals determined text messages are subject to separate authentication
before being admitted into evidence, much like the authentication process that data saved in a computer must undergo before
being admitted.